Michael LoPorto joined by his attorney Michael Feit, wait outside Judge George Pulver?s courtroom in Troy, N.Y. March 13, 2012. Judge Pulver declared a mistrial in ballot fraud case which LoPorto and Edward McDonough are defendants. (Skip Dickstein / Times Union) less

Michael LoPorto joined by his attorney Michael Feit, wait outside Judge George Pulver?s courtroom in Troy, N.Y. March 13, 2012. Judge Pulver declared a mistrial in ballot fraud case which LoPorto and Edward ... more

Photo: SKIP DICKSTEIN

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Attorneys Michael Feit, left, who represents Michael LoPorto, and Brian Premo, who represents Edward McDonough, confer outside the courtroom as deliberations continue in the ballot fraud case in the Rensselaer County Courthouse in Troy, N.Y. March 2. 2012. Deliberations were delayed Wednesday after a juror took sick and was removed from the jury room by ambulance attendants. (Skip Dickstein / Times Union) less

Attorneys Michael Feit, left, who represents Michael LoPorto, and Brian Premo, who represents Edward McDonough, confer outside the courtroom as deliberations continue in the ballot fraud case in the Rensselaer ... more

Photo: SKIP DICKSTEIN

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From left, attorneys Michael Feit and Brian Premo speak at the Rensselear County Courthouse in Troy, N.Y. Jan. 24, 2012, in the ballot fraud case of their respective clients, Michael LoPorto, right, and Edward McDonough. (Skip Dickstein / Times Union archive) less

From left, attorneys Michael Feit and Brian Premo speak at the Rensselear County Courthouse in Troy, N.Y. Jan. 24, 2012, in the ballot fraud case of their respective clients, Michael LoPorto, right, and Edward ... more

Photo: SKIP DICKSTEIN

Two vote fraud trials sought

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TROY — Special Prosecutor Trey Smith on Tuesday filed a motion to sever the cases of Democratic Elections Commissioner Edward McDonough and former city councilman Michael LoPorto and hold two separate trials.

A mistrial was declared earlier this month after the two were tried together on a total of 103 felony counts of forgery and possession of forged instruments in a nine-week trial that ended with a hung jury.

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Smith said he had a long talk with most of the jury panel over lunch just after the mistrial was declared March 13 and they told him the case was too long with too many counts to consider. He also said jurors were confused by the fact that there was little evidence to show a connection between McDonough and LoPorto in the scheme.

"They overall asked me to streamline," Smith said.

In his motion filed Tuesday afternoon with the Rensselaer County Court Clerk's office, Smith said trying the two together may have been a mistake.

"Simultaneous presentation of the numerous counts against both defendants unduly lengthened the trial and complicated the jury's essential task of finding the facts," Smith wrote in the motion.